INTRODUCTION

The need for improved execution of Criminal Justice has been felt by mankind since the
beginning of civilization and keeps on being the objective of human undertaking. One of the
basics of administration in present day majority rules systems is the arrangement of Criminal
Justice. Various foundations have been created in course of time to direct equity to the
general population. In the operative piece of the arrangement of Criminal Justice there are
four unmistakable segments or constituent components, in particular; the Police, that is the
insightful office; the Prosecution, that is the organization to seek after a case in a courtroom
in the interest of the general public; the courts, that is the Judiciary to attempt and choose
about the blame or innocence of someone in particular and the Prison and remedial
foundations. The Code of Criminal Procedure is the principle procedural law to ensure the
privileges of victims of crime. The Code have different arrangements to manage victimof
crime, the analyst examinations these arrangements in the last part with a goal to discover the
particular arrangements identified with victim of crime. Alongside this Code, we additionally
proceeded with Indian Penal Code and Indian Evidence Act to know the different
arrangements which have worry to victim of crime. To contemplate the procedural laws and
substantive law is basic to have a total look to realize the different arrangements identified
with crime exploited people. To follow out the obstacles in the way to offer equity to
unfortunate victims, it is basic one to know the idea of Indian criminal equity framework. We
realize that there are principally two kinds of criminal equity frameworks on the planet for
example ill-disposed criminal equity framework and inquisitorial criminal equity framework.
To know the position and status of unfortunate victim, it is basic one to ponder the highlights
of these two criminal equity frameworks.
 GENERAL LACUNAE OBSERVED

1. The vast majority of the cases are lost on account of the defective investigation.

2. Absence of lawful guides bringing about gathering of undesirable proof or prohibited

proof.

3. To gather the proof, the 'intimations' groups are working just in city limits. The quantities
of Clues Teams must be raised with the goal that examination is improved in regions
moreover.

4. The deferral in recording of charge sheet is one reason for the wrong quittances.

5. The case journals are not kept up legitimately for absence of time and it is additionally
influencing the result of a criminal case.

6. A few conventions referenced in CrPC, for example, getting free and decent observers is
troublesome and in view of not getting them the authentic cases are likewise lost.

7. The crime scene is disturbed by the general population for the most part when police
achieves the crime scene due to which pivotal confirmations like fingerprints, hair follicles
and different things are lost.

8. Deferral in legal specialists in sending the therapeutic reports to the police prompts delay
in the accommodation of charge sheet.

9. Witnesses turn unfriendly and don't coordinate with police amid the preliminary.

10. Judges felt that obstruction of media in issues of examination ought to be limited else it
would hamper the examination.

11. Judges opined that in instances of harm to open property no charge sheet is being
documented.

12. Logical scientific examination must be created and utilized in all cases.
 J. MALIMATH COMMITTEE REPORT AND REFORMS IN
CRIMINAL JUSTICE SYSTEM

“The Committee on Reforms of the Criminal Justice System was established by the
legislature of India, Ministry of Home Affairs by its request dated 24 November 2000, to
think about measures for patching up the Criminal Justice System. The board of trustees
selected under the chairmanship of Dr. Equity V. S. Malimath, previous Chief Justice of
Karnataka and Kerala High Courts, Chairman, Central Administrative Tribunal and Member
of the Human Rights Commission and different individuals. ”

The Malimath Committee made following suggestions to improve the status of victim under
the Indian criminal justice system.

1. The person in question, and on the off chance that he is dead, his or her legitimate delegate,
will have the directly to be obstructed as a gathering in each criminal continuing where the
offense is culpable with seven year's detainment or more.

2. The victim might be made involved with help the court in finding truth. He might be
allowed to put inquiries or propose inquiries to be put by the court to the observers delivered
by the gatherings. He can likewise call attention to the accessibility of other proof that would
help the court in finding truth. On the victim outfitting such data the court may cause
generation of such proof as it thinks about important to find truth.

3. Dynamic interest of the victim amid examination would be useful in finding truth. He can
help examination in discovering the genuine guilty party and in gathering proof to
demonstrate the commission of the offense by the attacker. He can likewise offer proposals
for legitimate examination of the case. At the point when the examination continues on
wrong lines the unfortunate victim can move the court for suitable bearings to guarantee
legitimate examination of the case.

4. The victim ought to have the directly to be spoken to by a legal advisor. In the event that
the unfortunate victim is a poor individual and isn't in a situation to draw in a legal advisor,
the State ought to give him a legal counselor. At the point when the State has a commitment
to give an attorney to the denounced, there is no rhyme or reason why the unfortunate victim
ought not be given a legal advisor at the expense of the State.
5. The person in question or his delegate who is involved with the preliminary ought to have
a directly to incline toward an intrigue against any unfriendly request gone by the preliminary
court. In such an intrigue he could test the quittance, or conviction for a lesser offense or
insufficiency of sentence, or with respect to remuneration payable to the person in question

6. There is requirement for an officer comparable to Probation Officer to deal with

unfortunate victim premiums in examination and preliminary. He might be called Victim
Support Service Co-ordinator who may work intimately with the police and Courts to screen,
co-ordinate and guarantee conveyance of equity amid the pendency of the case.

7. Victim of rape and domestic violence and so on require injury guiding, mental and
rehabilitative administrations separated from lawful guide.

8. Victim ought to get the pay separated from the blamed is sentenced, cleared or slipped off
and it is the obligation of State to give compensation to victim of crime or relatives.

STUDY REGARDING RAPE CASES

The year 2013 saw a generous move in the lawful system to review rape in India that was
more far reaching than what had been presented in the before change activities. While earlier
decades had seen piecemeal changes in laws identifying with rape, it was just in 2013 that a
degree of sexual offenses was at last perceived. The Criminal Law (Amendment) Act, 2013
[hereafter alluded to as 2013 Amendment], presented new sexual and sex based offenses
against ladies, alongside essential procedural changes and new solutions for make the
framework responsive and responsible to victims. The procedural changes especially, have
looked to make the legitimate system increasingly delicate and less threatening for
unfortunate casualties, to empower them to get to the lawful review. Notwithstanding
authoritative changes, there have been legal professions calling for therapeutic equity to the
person in question, that were put into task through state remuneration plans for unfortunate
casualties, Ministry of Health and Family Welfare rules and conventions for medico-
scientific consideration of survivors/victim of sexual brutality, 2014 (alluded to as MoHFW
rules) and Standard Operating Procedures for the police. In Delhi, six quick track courts were
set up only to attempt instances of rape in a speedy way. In Karkardooma area courts, two
Vulnerable Witness Deposition Complex that guaranteed physical detachment of the person
in question and the blamed in the court premises. These progressions accept long-standing
scrutinizes of the unfriendly idea of methods in response of rape in the police headquarters,
medical clinics, and furthermore courts, which have been as much an overall marvel as a
residential one. As the Supreme Court had set down in the milestone instances of State of
Punjab v. Gurmit Singh1 and Sakshi v. Union of India,2 rape trials are currently to be led in
camera, with a screen between the person in question and the blamed amid her statement, by
steering inquiries in the interrogation through the Presiding Officer, allowing breaks to the
unfortunate victim amid her testimony and so on. The 2013 Amendment itself vests new
rights in an rape victim identifying with her FIR, medicinal examination and so forth that
would make the procedure of lawful change simpler.

PROTECTION TO RAPE VICTIMS

A stipulation has been embedded in Clause (an) of Section 26, which gives that any offense
under Section 376 and areas 376 A to 376 D of the Indian Penal Code will be attempted the
extent that practicable by a Court managed by a lady. In Section 157, a second stipulation has
been embedded in connection to proof of rape, whereby recording of articulation of the
unfortunate victim will be led at the habitation of her preferred person in question or instead
and to the extent practicable by the lady cop within the sight of her parent or watchman or
close relative or social specialist of the area. The said arrangement consequently makes a
special case for the rape unfortunate victimamid examination and meets them with more
rights. Another sub-segment (1A) is embedded in Section 173 so as to give that the
examination of the offense of rape of kid will be finished inside three months from the date
on which the data was recorded by the officer responsible for the police headquarters.
Likewise, another stipulation has been included Section 327(2), which gives that a lady Judge
or Magistrate should direct the in-camera preliminary. The Law Commission of India
likewise made the above recommendations.44

Right to Appeal - Another stipulation has been embedded with Section 372 whereby the
unfortunate victim will have the directly to incline toward an intrigue against any request
gone by the Court clearing the charged or indicting for a lesser offense or forcing lacking
remuneration. Having respect to the historical backdrop of enactment and the case law it is
emphatically felt that the directly of unfortunate victim constrained to three classifications is
proposed to be outright and that it is in consonance with the point of the assembly to secure
the people in question.

Victim Compensation Scheme - Another Section 375 A was consolidated so as to

accommodate the State Government to get ready in co-appointment with the Central
Government, a plan called "victim compensation scheme" with the end goal of remuneration
to the person in question or his wards who have endured misfortune or damage because of the
crime. With the presentation of this plan the victim has been guaranteed of a remuneration
sum. Prior arrangement for example area 357 of CrPC was not ready to fill its need to repay
the people in question or relatives of unfortunate casualties. The plan depends on Criminal
Injuries Act, 1988 of Britain, whereby a Compensation Scheme was consolidated to
remunerate the victims.46 Also, the Law Commission of India in its 152nd Report and in the
154th Report recommended this plan.

RELEVENT CASES

SAKSHI V. UNION OF INDIA27

This was a Public Interest Litigation recorded under the watchful eye of the Supreme Court,
looking for a sweeping perusing of the expression 'sex' in the meaning of rape to incorporate
all types of infiltration with the goal that child sexual maltreatment could be sufficiently
tended to. While the Supreme Court rejected this plea, it by and conveyed a vital declaration
on the way in which preliminaries of rape and child sexual maltreatment ought to be led so as
to beat the 'framework initiated injury' of rape preliminaries. It coordinated preliminary courts
as pursues:

1. Establish a screen or an appropriate choice to shield the person in question or other

defenseless observers from the charged

2. Inquiries to be put to the person in question/observer amid interrogation ought to be

submitted to the Presiding Officer recorded as a hard copy, who will at that point make the
inquiries in a language that is clear and not humiliating to the observer
3. Victims of rape and child sexual maltreatment ought to be given satisfactory breaks amid
their declarations to comfort them.

LILLU V. STATE OF HARYANA28

For this situation, the Supreme Court of India held the act of leading the 2-finger test amid
the therapeutic examination of an rape injured individual as unlawful and violative of her
security and nobility. The test, in spite of its informal nature, has dependably been utilized to
test the versatility of a lady's vagina and the nearness/nonattendance of tears in the hymen to
decide if she is habituated to intercourse or not. This is then utilized by the Defense Counsel
to cast slanders on the character of the observer, and by marking her as a 'free lady', dishonor
her declaration. The training proceeded for quite a while, in spite of a catena of decisions and
an alteration to the Indian Evidence Act holding the character of the injured individual
unimportant in rape cases.

STATE OF GUJRAT V. KISHAN BHAI

Kidnapping of 6 year old girl by the accused then took girl to friend’s field, raped and
murdered her by inflicting injury on her head and other parts of the body, to steal the anklet
of the girl chopped off the feet of the girl. FIR was lodged against Kishan Bhai who was
relative of the victim (brother of aunt).

Statement of accused recorded u/s 313 CrPC, he pleaded not guilty but could not produced
any evidence in his favour. Prosecution tried to take advantage of this absence of evidence.

Trial court convicted Kishan with death penalty. Kishan appealed to HC, High Court
acquitted kishan giving him benefit of doubt.
Some of the lapses in the process were-

(i) Prosecution has not examined blood stains.

(ii) Prosecution has not called the jeweller who purchased anklet of victim from accused.

(iii) They did not examined receipt given by jeweller.( on the receipt there was finger print of
the seller which was not compared with that of accused.

(iv) They did not call doctor as witness in the case.

On the basis of these Supreme Court gave the accused benefit on doubt and acquitted
him.

(v) The accused was not medically examined within 24 hours from the incident; later on sent
but the prosecution did not produce the report before the court.

Supreme Court guidelines to investigating authorities in this case-

1. On the completion of the investigation “the prosecution should apply its independent mind
and require all shortcomings to be rectified, if necessary, by requiring further investigation. It
should also be ensured that evidence gathered during investigation are truly and faithfully
utilised by confirming that all relevant witnesses and materials for proving the charges are
conscientiously presented during the trail of a case.”

2. “The home department of every state to examine all orders of acquittals and to record
reasons for failure of prosecution cases and accordingly they will draft course content.”

3. “A standing committee of senior officer of police and prosecution department should be

vested with the aforesaid responsibility.”

4. “The home department of every state will incorporate in its existing training programme
for its junior investigation/ prosecution official’s course content drawn from the above
consideration.”

5. “The training department program is put in plea within 6 months of the judgement.”

6. “On the culmination of a criminal case in acquittal in acquittal, the investigating/

prosecuting official concerned responsible for such acquittal must be identified. Finding
needs to be recorded in each case whether the lapse was innocent or blameworthy. Each
erring officer must suffer the consequence of his/her lapse by appropriate departmental
actions whenever called for.”

7. “A copy of the instant judgement shall be transmitted by the registrar to SC to secretary

Home department of all states.”

SAHIB SINGH V. STATE OF PUNJAB

HELD- Information in s.154 of CrPC is not qualified as reasonable. It is a duty of the police
to register the information u/s S.154 as FIR.

LALITA KUMARI V GOVT. OF U.P

HELD- The word “shall” used in S.154 leaves no discretion in police officer to hold
preliminary inquiry before registering FIR. Thus, police is bound to register FIR though it
may not be satisfied with the credibility of the FIR.

SUGGESTIONS

1. Arrangement of a lawful officer to help the Investigation: A lawful officer might be

delegated for all dimensions of the police to render exhortation and direction on the lawful
parts of examination to reinforce the utility of the reports gathered by the Investigating
Officer.

2. Confirmation of reality of FIR: At the beginning the cops present at the police
headquarters ought to promptly enroll the grievance without examining into the lie or
generally of the objection. Suspecting the complainant ought not turn into a hindrance in
finding reality. The deception of the objection isn't to be tried or checked by the cops at the
edge of FIR lodging.

3. Recording Reasons for deferral by IO: If the IO records the purposes behind the
postponement in hotel of FIR assuming any, that may help the indictment in getting the
deferral excused. While directing the overview of cases in number of cases we have seen that
the safeguard counsel raised a complaint at whatever point there is a smallest deferral in hotel
of FIR and at times the cases were suppressed on this ground. By watching the above safety
measure this issue could be understood to some degree.

4. Insurance of the crime scene: Besides achieving the scene of crime, the Investigators
additionally should see that the crime scene isn't aggravated by the general population for the
most part before police came to with the goal that the vital confirmations like fingerprints,
hair follicles and different things are legitimately verified and archived. While leading the
study of cases in the nampally criminal courts we found that all the time the crime scene is
exasperates and pivotal proof is lost.

5. Sec 161 Statements: The announcements might be being referred to answer design.
Presently these announcements are not recorded when they are expressed to the police
officer. The explanations are generally doctored by the IO and every one of the
announcements would pretty much will be the equivalent for every one of the observers for a
situation. At the point when these announcements are appeared to the observer without
precedent for the court to check they are clearly are not in a situation to recognize their own
announcements and the court proclaims the observers as unfriendly or they free the validity.
In 70% of cases the cases are lost in light of inappropriate enlistment of 161 proclamations.

6. Threatening Witnesses: To keep away from the issue of observers turning unfriendly and
baffling whole criminal equity framework including the endeavours of the police, each
exertion ought to be made to help the observers, secure their resolve, give wellbeing to their
physical being and make it simple and deferential for them to oust truth in court lobby.
Witness emotionally supportive networks, regarding their requirements and regarding their
time is required.

7. Prompt documenting of Charge-sheet: There ought to be an extremely far reaching and

firm exertion by all way to radically decrease the postponement in recording of charge sheet.
The exploration group found this is one vital purpose behind the wrong absolution.

8. Obligatory chronicle of statement of witnesses within the sight of the Magistrate: All
imperative witnesses to grave offenses, for example, murder, rape, dacoity and so forth will
be promptly and compulsory taken to the closest officer to record their announcements before
judge. This may help the arraignment in keeping the observers from turning unfriendly.
9. Presence of IO in the Trial: Investigating officer will be available all through the
preliminary to give the vital contributions to the court.

10. Forensic Experts and Collection of Scientific Evidence: Since measurable proof is
developing as a huge part of each crime examination, the quantity of forensic specialists
ought to be expanded as those specialists working in Hyderabad and Secunderabad are over
troubled bringing about unnecessary deferral in setting up the restorative report and sending it
to investigator. It is discovered that this postpone prompts delay in the accommodation of
charge sheet, which wrecks the case. Consistently every one of the investigators and cops
said that there is excessive deferral in getting the FSL report.

11. Protection to Witnesses:“The assurance is given to witnesses of the case and the
individual who attempted to submit any danger to the witnesses such people are at risk to be
rebuffed under Section 195 of the Indian Penal Code.45
”